Opinion

King v. Nixon

207 F.2d 41
93 U.S. App. D.C. 98

Court: Court of Appeals for the D.C. Circuit
Filed: Aug 27, 1953
Status: Published
On the bench: Edgerton, Fahy, Per Curiam, Washington
Cited by: 5 cases
Authority: More cited than 56.6%

The opinion

PER CURIAM.

The District Court rightly ruled that recovery of exemplary or punitive damages, in a civil action for assault and battery, is not precluded by the fact that the defendant may be liable to criminal prosecution,

and also that the defendant’s financial condition is admissible in evidence as bearing on the amount of such damages. Brown v. Evans, C.C., 17 F. 912 ; affirmed, Evans v. Brown, 1883, 109 U.S. 180 , 3 S.Ct. 83 , 27 L.Ed. 898 ; notes, 16 A.L.R. 771 , 798, 838, 123 A.L.R. 1115 , 1122, 1136.

Affirmed.

. Language to the contrary in Huber v. Teuber, 1879, 3 MacArthur 484 , 497, 10 D.C. 484 , is erroneous.

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